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Self Employed Agreement Contract

Self Employed Agreement Contract Generator for Germany

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Key Requirements PROMPT example:

Self Employed Agreement Contract

"I need a Self Employed Agreement Contract under German law for engaging a software development consultant who will work remotely on our mobile app project for 6 months starting March 2025, with specific provisions for code ownership and data protection."

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Document background
The Self Employed Agreement Contract is essential for businesses operating in Germany that engage independent contractors for professional services. This document serves as a crucial legal framework to establish a clear self-employed status, distinguishing it from traditional employment relationships as per German labor and social security laws. It is particularly important given Germany's strict regulations regarding contractor classification and the prevention of disguised employment (Scheinselbstständigkeit). The agreement includes comprehensive provisions covering service delivery, payment terms, liability, data protection under GDPR, and intellectual property rights, while ensuring compliance with German tax regulations and social security requirements. It's designed to protect both the client's business interests and the contractor's independent status.
Suggested Sections

1. Parties: Identification of the contracting parties - the Client and the Contractor

2. Background: Context of the agreement and confirmation of Contractor's self-employed status

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided by the Contractor

5. Independence and Status: Clear stipulation of Contractor's independent status and control over work methods

6. Term and Termination: Duration of agreement and termination provisions

7. Compensation and Payment Terms: Fee structure, payment schedule, and invoicing requirements

8. Contractor's Obligations: Key responsibilities including quality standards, deadlines, and reporting

9. Client's Obligations: Client's responsibilities including provision of necessary information and access

10. Intellectual Property Rights: Ownership and usage rights of work products

11. Confidentiality: Protection of business secrets and confidential information

12. Liability and Insurance: Scope of liability and required insurance coverage

13. Data Protection: GDPR compliance and data processing terms

14. General Provisions: Standard legal clauses including governing law, jurisdiction, and severability

Optional Sections

1. Non-Competition: Restrictions on competing activities - include when protecting business interests is crucial

2. Equipment and Resources: Terms regarding use of equipment and resources - include when Contractor uses Client's resources

3. Substitution Rights: Right to provide services through substitutes - include to strengthen self-employed status

4. Quality Assurance: Specific quality standards and metrics - include for technical or professional services

5. Training and Certification: Required qualifications - include for regulated professions or technical roles

6. Force Majeure: Provisions for unforeseen circumstances - include for long-term or critical services

7. Change Control: Process for changing scope or terms - include for complex or long-term projects

Suggested Schedules

1. Schedule 1 - Service Description: Detailed specification of services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Service Levels: Performance metrics and quality standards

4. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if personal data is processed

5. Appendix B - Insurance Requirements: Detailed insurance requirements and coverage levels

6. Appendix C - Required Qualifications: List of required certifications, qualifications, or experience

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Services
Deliverables
Client
Contractor
Effective Date
Term
Fee
Intellectual Property Rights
Pre-existing Materials
Confidential Information
Business Day
Force Majeure Event
Good Industry Practice
Personal Data
Project
Service Levels
Specifications
Statement of Work
Substitute
Working Hours
Data Protection Laws
GDPR
Applicable Laws
Client Materials
Project Manager
Quality Standards
Change Request
Acceptance Criteria
Invoice
Payment Terms
Professional Standards
Service Location
Trade Secrets
Work Product
Business Purpose
Commencement Date
Competition
Completion Date
Independent Business
Clauses
Interpretation
Independent Contractor Status
Scope of Services
Term and Duration
Payment Terms
Invoicing
Performance Standards
Contractor Obligations
Client Obligations
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Liability and Indemnification
Insurance
Force Majeure
Termination
Notice
Assignment
Variation
Waiver
Severability
Entire Agreement
Governing Law
Dispute Resolution
Substitution Rights
Quality Assurance
Warranties
Compliance with Laws
Health and Safety
Record Keeping
Audit Rights
Change Control
Tax Obligations
Equipment and Materials
Reporting Requirements
Relevant Industries

Information Technology

Management Consulting

Creative Industries

Professional Services

Engineering

Healthcare

Education and Training

Marketing and Communications

Financial Services

Construction

Research and Development

Digital Media

Business Advisory

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Project Management Office

Compliance

Risk Management

Information Technology

Business Development

Relevant Roles

IT Consultant

Management Consultant

Software Developer

Business Analyst

Project Manager

Graphic Designer

Marketing Consultant

Financial Advisor

Training Specialist

Technical Writer

Engineering Consultant

Research Analyst

Digital Marketing Specialist

UX/UI Designer

Business Coach

Content Creator

Strategic Advisor

Data Scientist

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Fundamental law governing contracts, including §§ 611-630 for service contracts and general contract formation principles
German Commercial Code (Handelsgesetzbuch - HGB): Regulations concerning commercial relationships and business transactions between merchants
German Social Security Code (Sozialgesetzbuch - SGB): Criteria for distinguishing between self-employed and employed status, particularly SGB IV § 7
Income Tax Act (Einkommensteuergesetz - EStG): Tax regulations for self-employed individuals, including § 18 EStG regarding independent personal services
Trade Regulation Act (Gewerbeordnung - GewO): Regulations regarding trade registration and business operations
German General Data Protection Regulation (DSGVO/GDPR): Data protection requirements for processing personal information in business relationships
German Act to Combat Undeclared Work (Schwarzarbeitsbekämpfungsgesetz): Regulations to prevent disguised employment and ensure proper classification of self-employed status
German Value Added Tax Act (Umsatzsteuergesetz - UStG): VAT obligations and requirements for self-employed individuals
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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